Posted by: onlinerohit November 16, 2006
bringing wife in USA
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Getting Married in Nepal Americans deciding to get married in Nepal must meet the Government of Nepal's requirements in order for the marriage to be legally binding. The legal age in Nepal for marriage is 22 years old for men and 18 years old for women. The authorities responsible for registering marriages involving foreigners are the Chief District Administrative Office for each district, popularly known as "CDO office." (In Kathmandu, the CDO office is located in Babar Mahal.) The Government of Nepal requires that Americans marrying in Nepal have an Affidavit of Eligibility to Marry, notarized by a Consular Officer at the U.S. Embassy. There is a $30 fee associated with this service, payable in U.S. Dollars or the equivalent in Nepalese rupees. This type of service can be quickly completed any weekday afternoon at the Consular Section; there is no need for a prior appointment. Please be sure to bring a copy of the Nepali citizen intended spouse's passport or citizenship card. Registering your marriage at the CDO To apply for a GON issued marriage certificate, you need to submit the Affidavit of Eligibility to Marry (referenced above) with other required papers at the CDO office. We understand that the CDO currently requires evidence of your nationality, photographs and a processing fee. After you apply, the CDO will check your legal status in Nepal with various government offices. This process can take anywhere between three to eight weeks. After the CDO completes their administrative processing of your application, they will issue a marriage certificate, which is usually written in both Nepalese and in English. Applying for an Immigrant Visa The Embassy only will accept petitions on behalf of the USCIS provided that the American citizen is a current resident of Nepal, having lived in Nepal for at least 6 months. At the discretion of the Consular Officer, the Embassy may in certain circumstances accept petitions filed for the spouse of an American citizen if the American Citizen has recently married a Nepali citizen in Nepal. It is recommended that prior to traveling to Nepal, petitioners contact the Consular Section directly to discuss the options for filing the petition. Immigrant Petition for Alien Relative (I-130) If you are a resident of Nepal, after you receive your marriage certificate, you may file an immigrant petition (I-130 petition) for your spouse directly with the U.S. Embassy in Kathmandu. Please call the Consular Section at 441-1179 at least two business days in advance to make an appointment. To file the I-130 petition you will need to provide: Your marriage certificate Proof of U.S. citizenship (passport) Proof of Nepali citizenship (preferably passport) Proof of termination of any prior marriage(s) Passport sized photographs, one of you and one of your spouse, attached to Form G325A (Biographic Information) for each of you Required processing fee of $185 payable in USD or Nepalese rupees Evidence of the relationship (photographs, letters, etc) NOTE: To file the I-130 Petition, both the American citizen and alien spouse must be physically present at the interview. The Consular Officer will decide at the time of the interview whether the I-130 Petition filed is clearly approvable, in which case a visa may be processed. Alternatively, you may file the petition when you return to the United States through the Bureau for Citizenship and Immigration Services (BCIS) Center closest to where you live. Information on BCIS Service Centers can be found at http://uscis.gov . The filing fee, regardless where you file, is $185.00. Immigrant Visa Once the I-130 petition is approved, your spouse will receive information on applying an immigrant visa at the U.S. Embassy in Kathmandu. The processing fee for an immigrant visa application is $335.00 or the equivalent in Nepalese rupees, cash only. To file an immigrant visa with the U.S. Embassy your spouse will need to provide the following about him or herself: OF-230 I: Application for Immigrant Visa and Alien Registration (Biographic Data) OF-230 II: Sworn Statement Passport Marriage certificate Birth certificate (both Nepalese original and official English translation) Police certificate for every country your spouse has resided in for more than 6 months after s/he reached 16 years of age Medical Examination by one of the Embassy's panel physicians Military, court or prison records (if applicable) Photographs (see separate handout on IV Photo requirements) I-864: Affidavit of Support from U.S. spouse, including copies of last 3 years of IRS tax returns. (If the U.S. spouse's income does not exceed U.S. poverty guidelines, an additional sponsor's affidavit may be required). A checklist with information of the previously mentioned documents will be given to the applicant once the I-130 petition is approved. Immigrant Visa Interview Both the American citizen and his/her alien spouse may come to the immigrant visa interview, but only the alien spouse is required to appear. Immigrant visa interviews are scheduled by appointment on Mondays, Wednesdays and Fridays in the afternoons only. This informational handout is for general information only. It is not intended to explain or advise individuals on the Government of Nepal’s legal requirements. If you would like specific legal advice, please consult with a local lawyer. The U.S. Embassy maintains a list of English-speaking lawyers.
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